Landlord trying to sue my son

Captain_Mainwaring_2

Zandoni wrote: »

If we all kept stum in this world then, I wouldn't want to live here.

The letting agents letter also gives the name of the heating engineer that visited his property.

My son doesn't know that his DAD is posting here. Perhaps you don't care about your children but I do.

Sorry, it appeared as if he was still being breast fed.
I hope you take him to the pub too - make sure he doesn't speak out of turn.

As much as what he may have said may have been half true, and you don't know, you weren't there, it would have been prudent to not get involved.

Right or wrong, your son needs to grow up and learn when discretion is for the best.

And I do remind my children to "measure three times, check twice, and cut once".

Zandoni

Captain_Mainwaring wrote: »

As much as what he may have said may have been half true, and you don't know, you weren't there, it would have been prudent to not get involved.

Nah haven't brought him up that way, he only wishes that someone had told him about this landlord before he rented from him.

olly300

Zandoni wrote: »

Nah haven't brought him up that way, he only wishes that someone had told him about this landlord before he rented from him.

If you fight this correctly the landlord may withdraw his case.

I've sent you a PM.

tbs624

Debt_Free_Chick wrote: »

....I'm not sure that the CC has the power to make this award. This is, effectively, an injunction. AFAIK, this must be specifically requested and action needs to be brought in the High Court. Anyone else confirm this? [.....

.....Ah - the LL is seeking a voluntary undertaking from your son not to talk to prospective tenants about the hot water problem. And then, if your son breaks his undertaking, the LL will go for an injunction. The comment about prison is complete and utter bollox, however....?

Although you are right that some injunctions require use of the High Court, a LL may, for example, consider requesting an injunction as part of possession proceedings for breach of tenancy terms or separately under the Protection from Harassment Act 1997.

(Social housing LLs may also seek to invoke the S153 provisions of The Housing Act 1996 and request injunctions) - any of these would be heard in the County Court as would, say, a domestic injunction request

If an injunction is granted and then breached by a T then s/he could be given a warning, and the claimant could also subsequently seek damages for distress/financial loss etc. A respondent may face committal proceedings for contempt of court and, indeed, be subject to prison or a fine depending on the seriousness of the breach. (if an anti-H injunction is obtained you can only get a power of arrest attached if you go back to court when/if the injunction has been broken)

Please note that I’m *not * saying that this LL would succeed in obtaining an injunction: they are discretionary remedies and any court obviously has to be satisfied that an injunction is necessary. As an alternative the Court may simply request a formal “undertaking” from the respondent, which is effectively a court order, and again the respondent can be brought back before the courts. Or they may just decide that the LL is a deluded man.;)

tbs624

ts_aly2000 wrote: »

......The LL is living in lala land. Injunctions are issued against people for very serious and repeated harrassment, NOT, because someone made an off cuff remark to someone they were passing in the street..

Unless you were actually there, how do you know whether it was as you describe?

ts_aly2000 wrote: »

...The LL and EA would be chased out of Court for being bullies. And let's face it, their reputation at the moment isn't exactly glowing. Current socioeconomic circumstances in the world DO influence decision makers such as Judges and Court Chairmans.

No, Judges base their decisions on the full evidence before them in that specific case and then seek to apply the law as it stands.

Your other post has got some rather strange double standards - demonising a LL (all LLs?) whose circumstances are unknown to you as "a greedy BTLer who is overstretched",commenting on some/all LLs/EAs perceived lack of status as "pillars of the community" but then condoning people lying in court?

ts_aly2000 wrote: »

This story has really got my attention, and I think it's the perfect reason precisely why those tenants were better off NOT to rent from this LL.

Yawn ...has the T's father mentioned any other repairs issues? Maybe the other property has a different boiler set up? Maybe none of his other tenants have had genuine cause for complaint? Again, you don't know the full circumstances so it's maybe best to stop jumping to the sort of conclusions that a Jeremy Kyle viewer would.

poppysarah

Your son could counter sue for lack of hot water.

Or just go to the papers to name and shame this appallingly poor landlord who is being a bully!

neverdespairgirl

Debt_Free_Chick wrote: »

I'm not sure that the CC has the power to make this award. This is, effectively, an injunction. AFAIK, this must be specifically requested and action needs to be brought in the High Court. Anyone else confirm this?

Yes, an injunction has to be applied for specifically. It can either be an interim injunction (while full proceedings are on-going) or a final injunction (when the matter is fully heard). The former often leads to the latter.

I do a lot of immigration injunction work, and that's all High Court. You can, and do, get injunctions in the County Court, though, for many other civil matters.

neverdespairgirl

I don't quite get what the LL is suing for - you need a cause of action. Is it harrassment? Or slander?

Zandoni

Thanks for your comments everyone.

Luckily my son is in the end of month 5 of his tenancy so he will out of there in a months time.

There have been other small repairs asked of this landlord all of them have fallen on deaf ears.

The house next door does have the same heating system, as the close that he lives in is fairly new and they are all the same.

The LL's fame certainly seems to be spreading though as so many of his houses are empty, and they have been in the 5 months that he has been there.

His deposit is in a TDS scheme but I'm sure that will be a fight still.

poppysarah

Ensure your son leaves the property is a good state. I'd suggest getting photos/vid plus an independent person to verify that the property is a1. Then he can have all his deposit back.